State v. Marling

Tried before a jury, defendant was found guilty of the crime of robbery in the first degree. ORS 164.415. Four assignments of error are included in this appeal from the' judgment based upon that verdict. Two challenge the testimony of witnesses produced by the state, which was admitted over objection; one challenges an instruction based upon OES 17.250 (6) and (7); ① and the last asserts it was error to deny a motion seeking a new trial, based upon newly discovered evidence.

Defendant first challenges as improper the admission of allegedly “irrelevant” testimony offered by the state.

Appearing…